Section
1. Amend § 613 of Title 11 of the
Delaware Code by striking the phrase “class C felony” as it appears variously
in the catchline and in Subsection (c) of said Section, and by inserting in
lieu thereof the phrase “class B felony”.
Section
2. Amend § 632 of Title 11 of the
Delaware Code by striking the phrase “class C felony” as it appears variously
in the catchline and last sentence of said Section, and by inserting in lieu
thereof the phrase “class B felony”.
Section
3. Amend § 635 of Title 11 of the
Delaware Code by striking the phrase “class B felony” as it appears variously
in the catchline and body of said statute, and by inserting in lieu thereof the
phrase “class A felony”, and by striking the last sentence of said Section.
Section 4. Amend § 825 of Title 11 of the Delaware Code
by redesignating the existing text of said Section as Subsection “(a)”, and by
adding new Subsections “(b)” and “(c)” to said Section, to read as follows:
“(b) Notwithstanding any
provision of this Section or Code to the contrary, any person convicted of
Burglary in the Second Degree shall receive a minimum sentence of:
(1) one (1) year
at Level V; or
(2) three (3) years at Level V, if
the conviction is for an offense that was committed within five (5) years of
the date of a previous conviction for burglary first or second degree or any
offense set forth under the laws of the United States, any other state or any
territory of the United States which is the same as or equivalent to such
offenses, or if the conviction is for an offense that was committed within five
(5) years of the date of termination of all periods of incarceration or confinement
imposed pursuant to a previous conviction for burglary first or second degree
conviction or for any offense set forth under the laws of the United States,
any other state or any territory of the United States which is the same as or
equivalent to such offenses.”.
Any sentence imposed pursuant to this
subsection shall not be subject to the provisions of § 4215 of this Title.
(c) The sentencing provisions
of this subsection apply to attempted burglary in the second degree as well as
burglary in the second degree.”.
Section 5. Amend §
826 of Title 11 of the Delaware Code by redesignating the existing text of said
Section as Subsection “(a)”, and by adding new Subsections “(b)” and “(c)” to
said Section, to read as follows:
“(b) Notwithstanding any provision
of this Section or Code to the contrary, any person convicted of Burglary in
the First Degree shall receive a minimum sentence of:
(1) two (2) years at Level V; or
(2) four (4) years at Level V, if
the conviction is for an offense that was committed within five (5) years of
the date of a previous conviction for burglary first or second degree or any
offense set forth under the laws of the United States, any other state or any
territory of the United States which is the same as or equivalent to such offenses,
or if the conviction is for an offense that was committed within five (5) years
of the date of termination of all periods of incarceration or confinement
imposed pursuant to a previous conviction for burglary first or second degree
conviction or for any offense set forth under the laws of the United States,
any other state or any territory of the United States which is the same as or
equivalent to such offenses.
Any sentence
imposed pursuant to this subsection shall not be subject to the provisions of §
4215 of this Title.”.
(c) The
sentencing provisions of this subsection apply to attempted burglary in the
first degree as well as burglary in the first degree.”.
Section 6. Amend §
832(b) of Title 11 of the Delaware Code by striking said subsection in its
entirety, and by substituting in lieu thereof the following:
“(b)
Notwithstanding any provisions of this Section or Code to the contrary, any
person convicted of robbery in the first degree shall receive a minimum
sentence of:
(1) three (3)
years at Level V; or
(2) five (5) years at Level V, if
the conviction is for an offense that was committed within ten (10) years of
the date of a previous conviction for robbery in the first degree or any
offense set forth under the laws of the United States, any other state or any
territory of the United States which is the same as or equivalent to such
offense, or if the conviction is for an offense that was committed within ten
(10) years of the date of termination of all periods of incarceration or
confinement imposed pursuant to a previous conviction for robbery in the first
degree or for any offense set forth under the laws of the United States, any
other state or any territory of the United States which is the same as or
equivalent to such offense, whichever is the later date.”.
Any sentence
imposed pursuant to this subsection shall not be subject to the provisions of §
4215 of this Title.
Section 7. Amend §
1448(e) of Title 11 of the Delaware Code by striking said subsection in its
entirety, and by substituting in lieu thereof the following:
“(e) Notwithstanding any
provision of this Section or Code to the contrary, any person who is a
prohibited person as described in this Section and who knowingly possesses,
purchases, owns, or controls a firearm or destructive weapon while so
prohibited shall receive a minimum sentence of:
(1) one (1) year
at Level V;
(2) three (3)
years at Level V, if the person does so within ten (10) years of the date of
conviction for any violent felony or the date of termination of all periods of
incarceration or confinement imposed pursuant to said conviction, whichever is
the later date; or
(3) five (5)
years at Level V, if the person has been convicted on two or more separate
occasions of any violent felony.
Any sentence
imposed pursuant to this subsection shall not be subject to the provisions of §
4215 of this Title. For the purposes of this subsection, “violent felony” means
any felony so designated by § 4201(c) of this Title, or any offense set forth
under the laws of the United States, any other state or any territory of the
United States which is the same as or equivalent to any of the offenses
designated as a violent felony by § 4201(c) of this Title.”.
Section 8. Amend §
4201(c) of Title 11 of the Delaware Code by inserting between the phrases
“1447A Possession of a Firearm During the Commission of a Felony” and “1455
Engaging in a Firearms Transaction on Behalf of Another (Subsequent Offense)”
the following:
“1448(e)
Possession of a Deadly Weapon by Persons Prohibited (Firearm or Destructive
Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon).”.
Section 9. Amend §
4205(b)(2) of Title 11 of the Delaware Code by striking the phrase “20 years”
as it appears therein, and by substituting in lieu thereof the phrase “25 years”.
Section 10. Amend
§ 4205(b)(3) of Title 11 of the Delaware Code by striking the phrase “10 years”
as it appears therein, and by substituting in lieu thereof the phrase “15
years”.
Section 11. Amend
§ 6712(b) of Title 11 of the Delaware Code by adding a new paragraph “(3)”
thereto, to read as follows:
“(3) Burglary
in the Second Degree, as set forth in § 825 of Title 11, but only if the
defendant has not previously been convicted of Burglary in the Second Degree or
Burglary in the First Degree, as set forth in § 826 of Title 11.”.
Section 12. Amend
Subsections (d), (e) and (h) of § 6712 of Title 11 of the Delaware Code by
striking the phrase “§ 4205 of this Title” as it appears variously therein, and
by substituting in lieu thereof the phrase “§ 825, § 826 or § 4205 of this
Title”.
Section 13. Amend Subparagraphs (a)(1)a., (a)(2)a.,
(a)(4)a.,(a)(5)a., (a)(6)a., (a)(7)a., and (a)(9)a. of § 4753A of Title 16 of
the Delaware Code by striking the phrase “3 years” as it appears variously
therein, and by substituting in lieu thereof the phrase “2 years”.
Section 14. Amend Subparagraphs (a)(1) b., (a)(2) b.,
(a)(4) b., (a)(5) b., (a)(6) b., (a)(7) b., and (a)(9) b. of § 4753A of Title
16 of the Delaware Code by striking the phrase “5 years” as it appears variously
therein, and by substituting in lieu thereof the phrase “4 years”.
Section 15. Amend Subparagraphs (a)(1) c., (a)(2) c.,
(a)(4) c., (a)(5) c., (a)(6) c., (a)(7) c., and (a)(9) c. of § 4753A of Title
16 of the Delaware Code by striking the phrase “15 years” as it appears
variously therein, and by substituting in lieu thereof the phrase “8 years”.
Section 16. Amend § 4753A(a)(2) of Title 16 of the
Delaware Code by striking the phrase “5 grams” as it appears therein, and by
substituting in lieu thereof the phrase “10 grams”.
Section 17. Amend § 4753A(a)(2) a. of Title 16 of the
Delaware Code by striking the phrase “5 grams” as it appears therein, and by
substituting in lieu thereof the phrase “10 grams”.
Section 18. Amend § 4763(a) of Title 16 of the Delaware
Code by striking said subsection in its entirety, and by substituting in lieu
thereof the following:
“(a) Previous convictions. – In any case in which a defendant has
previously been convicted of any offense set forth in §§ 4751, 4752, 4753A or 4761 of this Title,
or of any offense set forth under the laws of the United States, any other
state or any territory of the United States which is the same as or equivalent
to any of such offenses, the penalties set forth in §§ 4751 – 4761 of this Title
shall be increased as follows:”.
Section 19. Amend § 4763(a)(1) of Title 16 of the
Delaware Code by striking the phrase “Subject to paragraph (3) of this
subsection,” as it appears in the first sentence of said paragraph.
Section 20. Amend
§ 4763(a)(2) of Title 16 of the Delaware Code by striking the phrase “Subject
to paragraph (3)” as it appears in the first sentence of said paragraph.
Section 21. Amend § 4763(a)(1) of Title 16 of the
Delaware Code by striking subparagraphs c. and d. of said paragraph in their
entirety, and by substituting in lieu thereof the following:
“c. § 4751 (excepting heroin or any mixture
containing heroin) or § 4752, five (5) years.
d. §
4751 (heroin or any mixture containing heroin), ten (10) years.
Section 22. Amend § 4763(a)(2) of Title 16 of the
Delaware Code by striking Subparagraphs a. and b. of said paragraph in their
entirety, and by substituting in lieu thereof the following:
“a. § 4751
(excepting heroin or any mixture containing heroin) or § 4752, 3 years.
b. § 4751
(heroin or any mixture containing heroin), 5 years.”.
Section 23. Amend
§ 4763(a)(3) of the Delaware Code by striking said paragraph in its entirety.
Section 24. Amend
§ 4763 of Title 16 of the Delaware Code by adding a new Subsection “(d)”
thereto, to read as follows:
“(d) Substance abuse treatment – Notwithstanding any
provision of this Section, Title or Code to the contrary, the Department of
Correction shall have the authority and discretion during the last 180 days of
any Level V sentence imposed pursuant to this Chapter to place the defendant at
Level IV.”.
Section 25. Amend
§ 921(2) a. of Title 10 of the Delaware Code by inserting between the phrases
“unlawful sexual intercourse in the first degree,” and “kidnapping in the first
degree” as they appear therein the following:
“assault in the first degree, robbery in the first
degree,”.
Section 26. Amend
§ 921(2) b. of Title 10 of the Delaware Code by striking the phrase “robbery in
the first or second” as it appears therein, and by substituting in lieu thereof
the phrase “robbery in the second degree”.
Section 27. Amend
§ 1009(e) of Title 10 of the Delaware Code by adding a new Subsection “(k)”
thereto, to read as follows:
“(k) Subject to
the provisions governing amenability pursuant to § 1010 of this Title, the
Court shall commit a delinquent child to the custody of the Department of
Services for Children, Youth and Their Families if the child who has been
adjudicated delinquent by this Court of one (1) or more offenses which would
constitute either Possession of a Firearm During the Commission of a Felony or
Robbery First Degree (where such offense involves either the display of a
deadly weapon or the infliction of serious physical injury upon any person who
was not a participant in the crime) were the child charged as an adult under
the laws of this State. Such child is declared a child in need of mandated
institutional treatment, and this Court shall commit the child so designated to
the Department of Services for Children, Youth and Their Families for at least
a twelve (12) month period of institutional confinement.”.
Section 28. Amend
§ 1010(a)(1) by inserting between the phrases “rape in the second degree” and
“or kidnapping in the first degree” as they appear therein the following:
“, assault in the
first degree, robbery in the first degree”.
Section 29. Amend § 4205 of Title 21
of the Delaware Code by creating a new Subsection “(c)” thereto to provide as
follows:
“(c) (1) For offenses under this Title, except
those which involve injury or death caused
to another person by the person's driving or operation of the vehicle or which
involve a driving under the
influence-related conviction or offense as defined in § 4177B(e)(1) a. –d., the
terms of imprisonment defined in this Title may be served at Supervision
Accountability Level IV as defined in § 4204(c)(4) of Title 11.
(2)
For
offenses under this Title which involve injury caused to another person by the person's driving or operation of the
vehicle or a driving under the
influence-related conviction or offense as defined in §4177B(e)(1)a.–d.,
any term of imprisonment defined in this Title shall be served at Supervision
Accountability Level V as defined in §4204(c)(5) of Title 11 or at Supervision
Accountability Level IV as defined in §4204(c)(4) of Title 11 provided that
such Level IV placement must be served in a Department of Correction facility
which requires full-time residence at the facility and that the person may not
be outside the confines of that facility without armed supervision.
(3)
For
offenses under this Title which involve death
caused to another person by the person's driving or operation of the vehicle
any term of imprisonment defined in this Title shall be served at Supervision
Accountability Level V as defined in § 4204(c)(5) of Title 11.”.
Section 30. Amend § 2756(a) of Title 21 of the
Delaware Code by striking the phrase “from a violation of § 4177 of this Title
or a local ordinance substantially conforming thereto,” and by inserting in
lieu thereof the following:
“from
a prior or previous driving under the influence-related conviction or offense
as defined in § 4177B(e)(1)a. –d. of
this Title,”.
Section 31. Amend § 2756(b) of Title 21 of the
Delaware Code by striking the second sentence thereto in its entirety and by
inserting in lieu thereof the following:
“In addition, for any offense under this Section,
if the suspension or revocation resulted from a violation of any criminal
statute pertaining to injury or death caused to another person by the person's
driving or operation of a vehicle or a driving under the
influence-related conviction or offense as defined in § 4177B(e)(1) a. –d. of
this Title, the minimum fine shall be
$2,000 and shall not be subject to suspension and the minimum period of
imprisonment shall not be subject to suspension but shall, notwithstanding any
provision of this Section or Title to the contrary, be served subject to the
provisions of § 4205(c)(2) of this Title.”.
Section 32. Amend § 2810 of Title 21 of the
Delaware Code by striking the sentence “The periods of imprisonment required
under this Section shall not be subject to suspension.” as it appears therein,
and by substituting in lieu thereof the following:
“The periods of imprisonment required under this
Section shall not be subject to suspension and if the judgment of the Court
prohibiting the operation of a motor vehicle was based in whole or in part upon
a conviction of the person for a prior or previous driving under the
influence-related conviction or offense as defined in § 4177B(e)(1) a. –d., or
in whole or in part upon a conviction under any criminal statute pertaining to
injury or death caused to another person by the person's driving or operation
of a vehicle, the period of imprisonment shall, notwithstanding any provision
of this Section or Title to the contrary, be served subject to the provisions
of § 4205(c)(2) of this Title.”..
